Hose Express Thurrock Ltd v Jacomb [2009] UKEAT 0389_08_3103 (31 March 2009)

Hose Express Thurrock Ltd v Jacomb [2009] UKEAT 0389_08_3103 (31 March 2009)

The Employment Tribunal erred by applying the wrong comparator test for disability discrimination, using the Novacold approach instead of the Malcolm approach, which now governs employment discrimination cases. The case must be remitted for reconsideration using the correct comparator.

Citation
[2009] UKEAT 0389_08_3103
Parties
Claimant: Mr John Jacomb; Respondent: Hose Thurrock Ltd
Jurisdiction
United Kingdom
Judgment Date
31 March 2009
Procedural Posture
Employment Appeal / Appeal From Employment Tribunal
Outcome
Appeal allowed; case remitted to a different Employment Tribunal.
Legal Topics
Disability Related Discrimination, Comparators in Discrimination Cases, Reasonable Adjustments, Constructive Dismissal, Victimisation
Employment Law Disability Discrimination Disability Related Discrimination Comparators in Discrimination Cases Reasonable Adjustments Constructive Dismissal Victimisation

Case Brief

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Parties

Mr John Jacomb

Claimant

Hose Thurrock Ltd

Respondent

Procedural Posture

Employment Appeal / Appeal From Employment Tribunal

Legal Issues

  1. 1 Whether the Employment Tribunal applied the correct legal test for the comparator in disability discrimination under the DDA
  2. 2 Whether the duty to make reasonable adjustments arose before the claimant was fit to return to work
  3. 3 Whether creating a new office-based temporary post was a reasonable adjustment

Ratio Decidendi

The Employment Tribunal erred by applying the wrong comparator test for disability discrimination, using the Novacold approach instead of the Malcolm approach, which now governs employment discrimination cases. The case must be remitted for reconsideration using the correct comparator.

Court Disposition

Appeal allowed; case remitted to a different Employment Tribunal.

Orders

  • Case remitted to a different Employment Tribunal for reconsideration.